EUROPEAN UNION. Brussels, 25 October 2010 (OR. en) 2007/0286 (COD) PE-CONS 31/10 ENV 485 CODEC 690

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1 EUROPEAN UNION THE EUROPEAN PARLIAMENT THE COUNCIL Brussels, 25 October 2010 (OR. en) 2007/0286 (COD) PE-CONS 31/10 ENV 485 CODEC 690 LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on industrial emissions (integrated pollution prevention and control) (Recast) In accordance with Article 294(8) of the Treaty on the Functioning of the European Union, this document will not be the subject of approval by the Council; it is intended solely for the information of delegates PE-CONS 31/10 DG I BE/ks EN

2 DIRECTIVE 2010/.../EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of on industrial emissions (integrated pollution prevention and control) (Recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee 1, Having regard to the opinion of the Committee of the Regions 2, Acting in accordance with the ordinary legislative procedure 3, OJ C 182, , p. 46. OJ C 325, , p. 60. Position of the European Parliament of 10 March 2009 (OJ C 87 E, , p. 191) and position of the Council at first reading of 15 February 2010 (OJ C 107 E, , p. 1). Position of the European Parliament of 7 July 2010 (not yet published in the Official Journal) and decision of the Council of. PE-CONS 31/10 BE/ks 1 DG I EN

3 Whereas: (1) A number of substantial changes are to be made to Council 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry 1, Council 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry 2, Council 92/112/EEC of 15 December 1992 on procedures for harmonising the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry 3, Council 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations 4, 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste 5, 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants 6 and 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control 7. In the interests of clarity, those s should be recast OJ L 54, , p. 19. OJ L 378, , p. 1. OJ L 409, , p. 11. OJ L 85, , p. 1. OJ L 332, , p. 91. OJ L 309, , p. 1. OJ L 24, , p. 8. PE-CONS 31/10 BE/ks 2 DG I EN

4 (2) In order to prevent, reduce and as far as possible eliminate pollution arising from industrial activities in compliance with the "polluter pays" principle and the principle of pollution prevention, it is necessary to establish a general framework for the control of the main industrial activities, giving priority to intervention at source, ensuring prudent management of natural resources and taking into account, when necessary, the economic situation and specific local characteristics of the place in which the industrial activity is taking place. (3) Different approaches to controlling emissions into air, water or soil separately may encourage the shifting of pollution from one environmental medium to another rather than protecting the environment as a whole. It is, therefore, appropriate to provide for an integrated approach to prevention and control of emissions into air, water and soil, to waste management, to energy efficiency and to accident prevention. Such an approach will also contribute to the achievement of a level playing field in the Union by aligning environmental performance requirements for industrial installations. PE-CONS 31/10 BE/ks 3 DG I EN

5 (4) It is appropriate to revise the legislation relating to industrial installations in order to simplify and clarify the existing provisions, reduce unnecessary administrative burden and implement the conclusions of the Commission Communications of 21 September 2005 on the Thematic Strategy on Air Pollution (hereinafter "the Thematic Strategy on Air Pollution"), of 22 September 2006 on the Thematic Strategy for Soil Protection and of 21 December 2005 on the Thematic Strategy on the Prevention and Recycling of Waste adopted as a follow-up to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme 1. Those Communications set objectives to protect human health and the environment which cannot be met without further reductions in emissions arising from industrial activities. (5) In order to ensure the prevention and control of pollution, each installation should operate only if it holds a permit or, in the case of certain installations and activities using organic solvents, only if it holds a permit or is registered. 1 OJ L 242, , p. 1. PE-CONS 31/10 BE/ks 4 DG I EN

6 (6) It is for Member States to determine the approach for assigning responsibilities to operators of installations provided that compliance with this is ensured. Member States may choose to grant a permit to one responsible operator for each installation or to specify the responsibility amongst several operators of different parts of an installation. Where its current legal system provides for only one responsible operator for each installation, a Member State may decide to retain this system. (7) In order to facilitate the granting of permits, Member States should be able to set requirements for certain categories of installations in general binding rules. (8) It is important to prevent accidents and incidents and limit their consequences. Liability regarding the environmental consequences of accidents and incidents is a matter for relevant national law and, where applicable, other relevant Union law. (9) In order to avoid duplication of regulation, the permit for an installation covered by 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community 1 should not include an emission limit value for direct emissions of the greenhouse gases specified in Annex I to that except where it is necessary to ensure that no significant local pollution is caused or where an installation is excluded from that scheme. 1 OJ L 275, , p. 32. PE-CONS 31/10 BE/ks 5 DG I EN

7 (10) In accordance with Article 193 of the Treaty on the Functioning of the European Union (TFEU), this does not prevent Member States from maintaining or introducing more stringent protective measures, for example greenhouse gas emission requirements, provided that such measures are compatible with the Treaties and the Commission has been notified. (11) Operators should submit permit applications containing the information necessary for the competent authority to set permit conditions. Operators should be able to use information resulting from the application of Council 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 1 and of Council 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances 2 when submitting permit applications. (12) The permit should include all the measures necessary to achieve a high level of protection of the environment as a whole and to ensure that the installation is operated in accordance with the general principles governing the basic obligations of the operator. The permit should also include emission limit values for polluting substances, or equivalent parameters or technical measures, appropriate requirements to protect the soil and groundwater and monitoring requirements. Permit conditions should be set on the basis of best available techniques. 1 2 OJ L 175, , p. 40. OJ L 10, , p. 13. PE-CONS 31/10 BE/ks 6 DG I EN

8 (13) In order to determine best available techniques and to limit imbalances in the Union as regards the level of emissions from industrial activities, reference documents for best available techniques (hereinafter "BAT reference documents") should be drawn up, reviewed and, where necessary, updated through an exchange of information with stakeholders and the key elements of BAT reference documents (hereinafter "BAT conclusions") adopted through committee procedure. In this respect, the Commission should, through committee procedure, establish guidance on the collection of data, on the elaboration of BAT reference documents and on their quality assurance. BAT conclusions should be the reference for setting permit conditions. They can be supplemented by other sources. The Commission should aim to update BAT reference documents not later than eight years after the publication of the previous version. (14) In order to ensure an effective and active exchange of information resulting in high-quality BAT reference documents, the Commission should establish a forum that functions in a transparent manner. Practical arrangements for the exchange of information and the accessibility of BAT reference documents should be laid down, in particular to ensure that Member States and stakeholders provide data of sufficient quality and quantity based on established guidance to enable the determination of best available techniques and emerging techniques. PE-CONS 31/10 BE/ks 7 DG I EN

9 (15) It is important to provide sufficient flexibility to competent authorities to set emission limit values that ensure that, under normal operating conditions, emissions do not exceed the emission levels associated with the best available techniques. To this end, the competent authority may set emission limits that differ from the emission levels associated with the best available techniques in terms of the values, periods of time and reference conditions applied, so long as it can be demonstrated, through the results of emission monitoring, that emissions have not exceeded the emission levels associated with the best available techniques. Compliance with the emission limit values that are set in permits results in emissions below those emission limit values. (16) In order to take into account certain specific circumstances where the application of emission levels associated with the best available techniques would lead to disproportionately high costs compared to the environmental benefits, competent authorities should be able to set emission limit values deviating from those levels. Such deviations should be based on an assessment taking into account well-defined criteria. The emission limit values set out in this should not be exceeded. In any event, no significant pollution should be caused and a high level of protection of the environment taken as a whole should be achieved. PE-CONS 31/10 BE/ks 8 DG I EN

10 (17) In order to enable operators to test emerging techniques which could provide for a higher general level of environmental protection, or at least the same level of environmental protection and higher cost savings than existing best available techniques, the competent authority should be able to grant temporary derogations from emission levels associated with the best available techniques. (18) Changes to an installation may give rise to higher levels of pollution. Operators should notify the competent authority of any planned change which might affect the environment. Substantial changes to installations which may have significant negative effects on human health or the environment should not be made without a permit granted in accordance with this. (19) The spreading of manure contributes significantly to emissions of pollutants into air and water. With a view to meeting the objectives set out in the Thematic Strategy on Air Pollution and Union law on water protection, it is necessary for the Commission to review the need to establish the most suitable controls of these emissions through the application of best available techniques. PE-CONS 31/10 BE/ks 9 DG I EN

11 (20) The intensive rearing of poultry and cattle contributes significantly to emissions of pollutants into air and water. With a view to meeting the objectives set out in the Thematic Strategy on Air Pollution and in Union law on water protection, it is necessary for the Commission to review the need to establish differentiated capacity thresholds for different poultry species in order to define the scope of this and to review the need to establish the most suitable controls on emissions from cattle rearing installations. (21) In order to take account of developments in best available techniques or other changes to an installation, permit conditions should be reconsidered regularly and, where necessary, updated, in particular where new or updated BAT conclusions are adopted. (22) In specific cases where permit reconsideration and updating identifies that a longer period than four years after the publication of a decision on BAT conclusions might be needed to introduce new best available techniques, competent authorities may set a longer time period in permit conditions where this is justified on the basis of the criteria laid down in this. PE-CONS 31/10 BE/ks 10 DG I EN

12 (23) It is necessary to ensure that the operation of an installation does not lead to a deterioration of the quality of soil and groundwater. Permit conditions should, therefore, include appropriate measures to prevent emissions to soil and groundwater and regular surveillance of those measures to avoid leaks, spills, incidents or accidents occurring during the use of equipment and during storage. In order to detect possible soil and groundwater pollution at an early stage and, therefore, to take appropriate corrective measures before the pollution spreads, the monitoring of soil and groundwater for relevant hazardous substances is also necessary. When determining the frequency of monitoring, the type of prevention measures and the extent and occurrence of their surveillance may be considered. (24) In order to ensure that the operation of an installation does not deteriorate the quality of soil and groundwater, it is necessary to establish, through a baseline report, the state of soil and groundwater contamination. The baseline report should be a practical tool that permits, as far as possible, a quantified comparison between the state of the site described in that report and the state of the site upon definitive cessation of activities, in order to ascertain whether a significant increase in pollution of soil or groundwater has taken place. The baseline report should, therefore, contain information making use of existing data on soil and groundwater measurements and historical data related to past uses of the site. PE-CONS 31/10 BE/ks 11 DG I EN

13 (25) In accordance with the polluter pays principle, when assessing the level of significance of the pollution of soil and groundwater caused by the operator which would trigger the obligation to return the site to the state described in the baseline report, Member States should take into account the permit conditions that have applied over the lifetime of the activity concerned, the pollution prevention measures adopted for the installation, and the relative increase in pollution compared to the contamination load identified in the baseline report. Liability regarding pollution not caused by the operator is a matter for relevant national law and, where applicable, other relevant Union law. (26) In order to ensure the effective implementation and enforcement of this, operators should regularly report to the competent authority on compliance with permit conditions. Member States should ensure that the operator and the competent authority each take necessary measures in the event of non-compliance with this and provide for a system of environmental inspections. Member States should ensure that sufficient staff are available with the skills and qualifications needed to carry out those inspections effectively. PE-CONS 31/10 BE/ks 12 DG I EN

14 (27) In accordance with the Århus Convention on access to information, public participation in decision-making and access to justice in environmental matters 1, effective public participation in decision-making is necessary to enable the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken. Members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being. (28) The combustion of fuel in installations with a total rated thermal input below 50 MW contributes significantly to emissions of pollutants into the air. With a view to meeting the objectives set out in the Thematic Strategy on Air Pollution, it is necessary for the Commission to review the need to establish the most suitable controls on emissions from such installations. That review should take into account the specificities of combustion plants used in healthcare facilities, in particular with regard to their exceptional use in the case of emergencies. 1 OJ L 124, , p. 4. PE-CONS 31/10 BE/ks 13 DG I EN

15 (29) Large combustion plants contribute greatly to emissions of polluting substances into the air resulting in a significant impact on human health and the environment. In order to reduce that impact and to work towards meeting the requirements of 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants 1 and the objectives set out in the Thematic Strategy on Air Pollution, it is necessary to set more stringent emission limit values at Union level for certain categories of combustion plants and pollutants. (30) The Commission should review the need to establish Union-wide emission limit values and to amend the emission limit values set out in Annex V for certain large combustion plants, taking into account the review and update of the relevant BAT reference documents. In this context, the Commission should consider the specificity of the energy systems of refineries. (31) Due to the characteristics of certain indigenous solid fuels, it is appropriate to apply minimum desulphurisation rates rather than emission limit values for sulphur dioxide for combustion plants firing such fuels. Moreover, as the specific characteristics of oil shale may not allow the application of the same sulphur abatement techniques or the achievement of the same desulphurisation efficiency as for other fuels, a slightly lower minimum desulphurisation rate for plants using this fuel is appropriate. 1 OJ L 309, , p. 22. PE-CONS 31/10 BE/ks 14 DG I EN

16 (32) In the case of a sudden interruption in the supply of low-sulphur fuel or gas resulting from a serious shortage, the competent authority should be able to grant temporary derogations to allow emissions of the combustion plants concerned to exceed the emission limit values set out in this. (33) The operator concerned should not operate a combustion plant for more than 24 hours after malfunctioning or breakdown of abatement equipment and unabated operation should not exceed 120 hours in a 12-month period in order to limit the negative effects of pollution on the environment. However, where there is an overriding need for energy supplies or it is necessary to avoid an overall increase of emissions resulting from the operation of another combustion plant, competent authorities should be able to grant a derogation from those time limits. (34) In order to ensure a high level of environmental and human health protection and to avoid transboundary movements of waste to plants operating at lower environmental standards, it is necessary to set and maintain stringent operating conditions, technical requirements and emission limit values for plants incinerating or co-incinerating waste within the Union. PE-CONS 31/10 BE/ks 15 DG I EN

17 (35) The use of organic solvents in certain activities and installations gives rise to emissions of organic compounds into the air which contribute to the local and transboundary formation of photochemical oxidants which causes damage to natural resources and has harmful effects on human health. It is, therefore, necessary to take preventive action against the use of organic solvents and to establish a requirement to comply with emission limit values for organic compounds and appropriate operating conditions. Operators should be allowed to comply with the requirements of a reduction scheme instead of complying with the emission limit values set out in this where other measures, such as the use of low-solvent or solvent-free products or techniques, provide alternative means of achieving equivalent emission reduction. (36) Installations producing titanium dioxide can give rise to significant pollution into air and water. In order to reduce these impacts, it is necessary to set at Union level more stringent emission limit values for certain polluting substances. (37) With regard to the inclusion in the scope of national laws, regulations and administrative provisions brought into force in order to comply with this of installations for the manufacturing of ceramic products by firings, on the basis of the characteristics of the national industrial sector, and in order to grant clear interpretation of the scope, Member States should decide whether to apply both the criteria, production capacity and kiln capacity, or just one of the two criteria. PE-CONS 31/10 BE/ks 16 DG I EN

18 (38) In order to simplify reporting and reduce unnecessary administrative burden, the Commission should identify methods to streamline the way in which data are made available pursuant to this with the other requirements of Union law, and in particular Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register 1. (39) In order to ensure uniform conditions for implementation, implementing powers should be conferred on the Commission to adopt guidance on the collection of data, on the drawing up of BAT reference documents and on their quality assurance, including the suitability of their content and format, to adopt decisions on BAT conclusions, to establish detailed rules on the determination of start-up and shut-down periods and for transitional national plans for large combustion plants, and to establish the type, format and frequency of information that Member States are to make available to the Commission. In accordance with Article 291 TFEU, rules and general principles concerning mechanisms for the control by Member States of the Commission's exercise of implementing powers are to be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. Pending the adoption of that new regulation, Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 2 continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable. 1 2 OJ L 33, , p. 1. OJ L 184, , p. 23. PE-CONS 31/10 BE/ks 17 DG I EN

19 (40) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of the setting of the date from which continuous measurements of emissions into the air of heavy metals and dioxins and furans are to be carried out, and the adaptation of certain parts of Annexes V, VI and VII to scientific and technical progress. In the case of waste incineration plants and waste co-incineration plants, this may include, inter alia, the establishment of criteria to allow derogations from continuous monitoring of total dust emissions. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. (41) In order to address significant environmental pollution, for example from heavy metals and dioxins and furans, the Commission should, based on an assessment of the implementation of the best available techniques by certain activities or of the impact of those activities on the environment as a whole, present proposals for Union-wide minimum requirements for emission limit values and for rules on monitoring and compliance. (42) Member States should lay down rules on penalties applicable to infringements of the national provisions adopted pursuant to this and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. PE-CONS 31/10 BE/ks 18 DG I EN

20 (43) In order to provide existing installations with sufficient time to adapt technically to the new requirements of this, some of the new requirements should apply to those installations after a fixed period from the date of application of this. Combustion plants need sufficient time to install the necessary abatement measures to meet the emission limit values set out in Annex V. (44) Since the objectives of this, namely to ensure a high level of environmental protection and the improvement of environmental quality, cannot be sufficiently achieved by Member States and can, therefore, by reason of the transboundary nature of pollution from industrial activities, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this does not go beyond what is necessary in order to achieve those objectives. (45) This respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this seeks to promote the application of Article 37 of that Charter. PE-CONS 31/10 BE/ks 19 DG I EN

21 (46) The obligation to transpose this into national law should be confined to those provisions which represent a substantive change as compared with the earlier s. The obligation to transpose the provisions which are unchanged arises under the earlier s. (47) In accordance with paragraph 34 of the Interinstitutional agreement on better law-making 1, Member States are encouraged to draw up, for themselves and in the interests of the Union, their own tables, which will as far as possible, illustrate the correlation between this and the transposition measures, and to make those tables public. (48) This should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the s set out in Annex IX, Part B, HAVE ADOPTED THIS DIRECTIVE: 1 OJ C 321, , p. 1. PE-CONS 31/10 BE/ks 20 DG I EN

22 Chapter I Common provisions Article 1 Subject matter This lays down rules on integrated prevention and control of pollution arising from industrial activities. It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions into air, water and land and to prevent the generation of waste, in order to achieve a high level of protection of the environment taken as a whole. Article 2 Scope 1. This shall apply to the industrial activities giving rise to pollution referred to in Chapters II to VI. 2. This shall not apply to research activities, development activities or the testing of new products and processes. PE-CONS 31/10 BE/ks 21 DG I EN

23 Article 3 Definitions For the purposes of this the following definitions shall apply: (1) "substance" means any chemical element and its compounds, with the exception of the following substances: (a) (b) (c) radioactive substances as defined in Article 1 of Council 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation 1 ; genetically modified micro-organisms as defined in point (b) of Article 2 of 2009/41/EC of the European Parliament and the Council of 6 May 2009 on the contained use of genetically modified micro-organisms 2 ; genetically modified organisms as defined in point 2 of Article 2 of 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms 3 ; OJ L 159, , p. 1. OJ L 125, , p. 75. OJ L 106, , p. 1. PE-CONS 31/10 BE/ks 22 DG I EN

24 (2) "pollution" means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment; (3) "installation" means a stationary technical unit within which one or more activities listed in Annex I or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution; (4) "emission" means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in the installation into air, water or land; (5) "emission limit value" means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time; (6) "environmental quality standard" means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Union law; (7) "permit" means a written authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant; (8) "general binding rules" means emission limit values or other conditions, at least at sector level, that are adopted with the intention of being used directly to set permit conditions; PE-CONS 31/10 BE/ks 23 DG I EN

25 (9) "substantial change" means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on human health or the environment; (10) "best available techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole: (a) (b) (c) "techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; "available techniques" means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator; "best" means most effective in achieving a high general level of protection of the environment as a whole; PE-CONS 31/10 BE/ks 24 DG I EN

26 (11) "BAT reference document" means a document, resulting from the exchange of information organised pursuant to Article 13, drawn up for defined activities and describing, in particular, applied techniques, present emissions and consumption levels, techniques considered for the determination of best available techniques as well as BAT conclusions and any emerging techniques, giving special consideration to the criteria listed in Annex III; (12) "BAT conclusions" means a document containing the parts of a BAT reference document laying down the conclusions on best available techniques, their description, information to assess their applicability, the emission levels associated with the best available techniques, associated monitoring, associated consumption levels and, where appropriate, relevant site remediation measures; (13) "emission levels associated with the best available techniques" means the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, as described in BAT conclusions, expressed as an average over a given period of time, under specified reference conditions; (14) "emerging technique" means a novel technique for an industrial activity that, if commercially developed, could provide either a higher general level of protection of the environment or at least the same level of protection of the environment and higher cost savings than existing best available techniques; PE-CONS 31/10 BE/ks 25 DG I EN

27 (15) "operator" means any natural or legal person who operates or controls in whole or in part the installation or combustion plant, waste incineration plant or waste co-incineration plant or, where this is provided for in national law, to whom decisive economic power over the technical functioning of the installation or plant has been delegated; (16) "the public" means one or more natural or legal persons and, in accordance with national law or practice, their associations, organisations or groups; (17) "the public concerned" means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the granting or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest; (18) "hazardous substances" means substances or mixtures as defined in Article 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures 1 ; 1 OJ L 353, , p. 1. PE-CONS 31/10 BE/ks 26 DG I EN

28 (19) "baseline report" means information on the state of soil and groundwater contamination by relevant hazardous substances; (20) "groundwater" means groundwater as defined in point 2 of Article 2 of 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy 1 ; (21) "soil" means the top layer of the Earth's crust situated between the bedrock and the surface. The soil is composed of mineral particles, organic matter, water, air and living organisms; (22) "environmental inspection" means all actions, including site visits, monitoring of emissions and checks of internal reports and follow-up documents, verification of self-monitoring, checking of the techniques used and adequacy of the environment management of the installation, undertaken by or on behalf of the competent authority to check and promote compliance of installations with their permit conditions and, where necessary, to monitor their environmental impact; (23) "poultry" means poultry as defined in point 1 of Article 2 of Council 90/539/EEC of 15 October 1990 on animal health conditions governing intra-community trade in, and imports from third countries of, poultry and hatching eggs 2 ; (24) "fuel" means any solid, liquid or gaseous combustible material; 1 2 OJ L 327, , p. 1. OJ L 303, , p. 6. PE-CONS 31/10 BE/ks 27 DG I EN

29 (25) "combustion plant" means any technical apparatus in which fuels are oxidised in order to use the heat thus generated; (26) "stack" means a structure containing one or more flues providing a passage for waste gases in order to discharge them into the air; (27) "operating hours" means the time, expressed in hours, during which a combustion plant, in whole or in part, is operating and discharging emissions into the air, excluding start-up and shut-down periods; (28) "rate of desulphurisation" means the ratio over a given period of time of the quantity of sulphur which is not emitted into air by a combustion plant to the quantity of sulphur contained in the solid fuel which is introduced into the combustion plant facilities and which is used in the plant over the same period of time; (29) "indigenous solid fuel" means a naturally occurring solid fuel fired in a combustion plant specifically designed for that fuel and extracted locally; (30) "determinative fuel" means the fuel which, amongst all fuels used in a multi-fuel firing combustion plant using the distillation and conversion residues from the refining of crude-oil for own consumption, alone or with other fuels, has the highest emission limit value as set out in Part 1 of Annex V, or, in the case of several fuels having the same emission limit value, the fuel having the highest thermal input amongst those fuels; PE-CONS 31/10 BE/ks 28 DG I EN

30 (31) "biomass" means any of the following: (a) (b) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content; the following waste: (i) (ii) (iii) (iv) (v) vegetable waste from agriculture and forestry; vegetable waste from the food processing industry, if the heat generated is recovered; fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered; cork waste; wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating and which includes, in particular, such wood waste originating from construction and demolition waste; PE-CONS 31/10 BE/ks 29 DG I EN

31 (32) "multi-fuel firing combustion plant" means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel; (33) "gas turbine" means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine; (34) "gas engine" means an internal combustion engine which operates according to the Otto cycle and uses spark ignition or, in case of dual fuel engines, compression ignition to burn fuel; (35) "diesel engine" means an internal combustion engine which operates according to the diesel cycle and uses compression ignition to burn fuel; (36) "small isolated system" means a small isolated system as defined in point 26 of Article 2 of 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity 1 ; (37) "waste" means waste as defined in point 1 of Article 3 of 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste 2 ; 1 2 OJ L 176, , p. 37. OJ L 312, , p. 3. PE-CONS 31/10 BE/ks 30 DG I EN

32 (38) "hazardous waste" means hazardous waste as defined in point 2 of Article 3 of 2008/98/EC; (39) "mixed municipal waste" means waste from households as well as commercial, industrial and institutional waste which, because of its nature and composition, is similar to waste from households, but excluding fractions indicated under heading of the Annex to Decision 2000/532/EC 1 that are collected separately at source and excluding the other waste indicated under heading of that Annex; (40) "waste incineration plant" means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated; (41) "waste co-incineration plant" means any stationary or mobile technical unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes, such as pyrolysis, gasification or plasma process, if the substances resulting from the treatment are subsequently incinerated; 1 Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council 91/689/EEC on hazardous waste (OJ L 226, , p. 3). PE-CONS 31/10 BE/ks 31 DG I EN

33 (42) "nominal capacity" means the sum of the incineration capacities of the furnaces of which a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken of the calorific value of the waste, expressed as the quantity of waste incinerated per hour; (43) "dioxins and furans" means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Part 2 of Annex VI; (44) "organic compound" means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates; (45) "volatile organic compound" means any organic compound as well as the fraction of creosote, having at 293,15 K a vapour pressure of 0,01 kpa or more, or having a corresponding volatility under the particular conditions of use; (46) "organic solvent" means any volatile organic compound which is used for any of the following: (a) (b) alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials; as a cleaning agent to dissolve contaminants; PE-CONS 31/10 BE/ks 32 DG I EN

34 (c) (d) (e) (f) (g) (h) as a dissolver; as a dispersion medium; as a viscosity adjuster; as a surface tension adjuster; as a plasticiser; as a preservative; (47) "coating" means coating as defined in point 8 of Article 2 of 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products 1. 1 OJ L 143, , p. 87. PE-CONS 31/10 BE/ks 33 DG I EN

35 Article 4 Obligation to hold a permit 1. Member States shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co-incineration plant is operated without a permit. By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V. The procedure for registration shall be specified in a binding act and include at least a notification to the competent authority by the operator of the intention to operate an installation. 2. Member States may opt to provide that a permit cover two or more installations or parts of installations operated by the same operator on the same site. Where a permit covers two or more installations, it shall contain conditions to ensure that each installation complies with the requirements of this. 3. Member States may opt to provide that a permit cover several parts of an installation operated by different operators. In such cases, the permit shall specify the responsibilities of each operator. PE-CONS 31/10 BE/ks 34 DG I EN

36 Article 5 Granting of a permit 1. Without prejudice to other requirements laid down in national or Union law, the competent authority shall grant a permit if the installation complies with the requirements of this. 2. Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is granted, in order to guarantee an effective integrated approach by all authorities competent for this procedure. 3. In the case of a new installation or a substantial change where Article 4 of 85/337/EEC applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of that shall be examined and used for the purposes of granting the permit. PE-CONS 31/10 BE/ks 35 DG I EN

37 Article 6 General binding rules Without prejudice to the obligation to hold a permit, Member States may include requirements for certain categories of installations, combustion plants, waste incineration plants or waste co-incineration plants in general binding rules. Where general binding rules are adopted, the permit may simply include a reference to such rules. Article 7 Incidents and accidents Without prejudice to 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage 1, in the event of any incident or accident significantly affecting the environment, Member States shall take the necessary measures to ensure that: (a) (b) the operator informs the competent authority immediately; the operator immediately takes the measures to limit the environmental consequences and to prevent further possible incidents or accidents; 1 OJ L 143, , p. 56. PE-CONS 31/10 BE/ks 36 DG I EN

38 (c) the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to limit the environmental consequences and to prevent further possible incidents or accidents. Article 8 Non-compliance 1. Member States shall take the necessary measures to ensure that the permit conditions are complied with. 2. In the event of a breach of the permit conditions, Member States shall ensure that: (a) (b) (c) the operator immediately informs the competent authority; the operator immediately takes the measures necessary to ensure that compliance is restored within the shortest possible time; the competent authority requires the operator to take any appropriate complementary measures that the competent authority considers necessary to restore compliance. PE-CONS 31/10 BE/ks 37 DG I EN

39 Where the breach of the permit conditions poses an immediate danger to human health or threatens to cause an immediate significant adverse effect upon the environment, and until compliance is restored in accordance with points (b) and (c) of the first subparagraph, the operation of the installation, combustion plant, waste incineration plant, waste co-incineration plant or relevant part thereof shall be suspended. Article 9 Emission of greenhouse gases 1. Where emissions of a greenhouse gas from an installation are specified in Annex I to 2003/87/EC in relation to an activity carried out in that installation, the permit shall not include an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused. 2. For activities listed in Annex I to 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site. 3. Where necessary, the competent authorities shall amend the permit as appropriate. 4. Paragraphs 1 to 3 shall not apply to installations which are temporarily excluded from the scheme for greenhouse gas emission allowance trading within the Union in accordance with Article 27 of 2003/87/EC. PE-CONS 31/10 BE/ks 38 DG I EN

40 Chapter II Provisions for activities listed in Annex I Article 10 Scope This Chapter shall apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex. Article 11 General principles governing the basic obligations of the operator Member States shall take the necessary measures to provide that installations are operated in accordance with the following principles: (a) (b) (c) (d) all the appropriate preventive measures are taken against pollution; the best available techniques are applied; no significant pollution is caused; the generation of waste is prevented in accordance with 2008/98/EC; PE-CONS 31/10 BE/ks 39 DG I EN

41 (e) (f) (g) (h) where waste is generated, it is, in order of priority and in accordance with 2008/98/EC, prepared for re-use, recycled, recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment; energy is used efficiently; the necessary measures are taken to prevent accidents and limit their consequences; the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to the satisfactory state defined in accordance with Article 22. Article 12 Applications for permits 1. Member States shall take the necessary measures to ensure that an application for a permit includes a description of the following: (a) (b) the installation and its activities; the raw and auxiliary materials, other substances and the energy used in or generated by the installation; PE-CONS 31/10 BE/ks 40 DG I EN